How to Determine If a Transferred Vehicle Must Be Treated as Estate Property After a Decedent’s Death in New Mexico
Detailed Answer In New Mexico, a motor vehicle becomes part of a decedent’s probate estate unless the owner validly transferred it out of their name before death or used a statutory method to bypass probate. To decide if a transferred vehicle must be treated as estate property, review how and when ownership changed. 1. Completed […]
Read article →How to determine the proper venue for opening or transferring a decedent’s estate in NM
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Contact a licensed attorney for guidance on your specific situation. Understanding Venue in New Mexico Probate Venue determines which court hears a decedent’s estate administration. In New Mexico, venue rules aim to place the case where the decedent lived or held […]
Read article →Should an Executor Confirm Available Estate Funds Before Settling a Creditor Claim in New Mexico?
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney for advice about your specific situation. Detailed Answer Under New Mexico law, a personal representative (often called an executor) has a fiduciary duty to gather estate assets, review creditor claims, and pay valid debts in an orderly […]
Read article →What steps should be taken to negotiate and settle a creditor claim during probate in New Mexico?
Detailed Answer Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a licensed attorney in New Mexico for guidance on your specific situation. When someone dies in New Mexico, their estate enters probate. During probate, creditors must present claims against the estate. As a personal representative or creditor, you […]
Read article →What documentation should an executor gather to respond to a creditor’s settlement demand in New Mexico?
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Always consult a qualified attorney in New Mexico for guidance on estate administration. Detailed Answer Under New Mexico’s Uniform Probate Code, a creditor may serve a settlement demand on an executor when a claim against the estate remains unpaid. See 45-3-801 […]
Read article →How can an executor challenge a creditor claim on predatory lending grounds for an elderly decedent in New Mexico?
Detailed Answer Under New Mexico law, an executor (Personal Representative) must review and respond to creditor claims through the probate process. Creditors present their claims under the Uniform Probate Code codified at Chapter 45, Article 3 of the New Mexico Statutes (§45-3-801 et seq.). 1. Timeframe to File and Respond Creditors have four months from […]
Read article →How to Access and Withdraw Money from a Deceased Person’s Bank Account During Probate in New Mexico
Detailed Answer When someone dies owning funds in a bank account, those assets usually pass through the New Mexico probate process before distribution. Probate is the court-supervised procedure of proving a will (if one exists), appointing a personal representative, paying debts, and distributing assets to heirs or beneficiaries. 1. Open Probate and Appoint a Personal […]
Read article →What are some of the factors determining the total cost of administering an estate in New Mexico?
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney for advice specific to your situation. Detailed Answer When someone passes away in New Mexico, administering their estate involves a variety of expenses. Understanding these factors helps families budget and plan. Below are key components that typically […]
Read article →What steps are needed to seek guardianship or a conservatorship for an incapacitated relative in New Mexico?
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Detailed Answer: Seeking Guardianship or Conservatorship in New Mexico New Mexico law allows a concerned family member or friend to petition for guardianship (personal decision‐making) or conservatorship (financial decision‐making) for an incapacitated adult. These proceedings follow the Uniform Probate Code, NMSA […]
Read article →Which Documents and Certificates Should I Collect to Begin Estate Administration in New Mexico?
Disclaimer: This article is for educational purposes only and is not legal advice. Detailed Answer Before filing for probate under New Mexico law, collect all relevant documents and certificates. Proper organization speeds up the process and helps ensure compliance with the Uniform Probate Code (UPC). 1. Death Certificate Obtain multiple certified copies of the decedent’s […]
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